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Home My WebLink AboutReposo, Mano & Judith - Agreement Regarding Neighborhood Libraries - 04.28.23Agreement Regarding Neighborhood Libraries This Agreement (Agreement) is entered into this '- `� day of [ENTER DATED, by and g (g } be een th CI OF FRESNO, CALIFORNIA, a municipal corporation (City), and (Property Owner). RECITALS A. Property Owner owns the home located at ��7 va �'� 'n the City of Fresno (the Property). B. The City and Property Owner wish to enter into this Agreement for the placement of a "Neighborhood Library" on Property Owner's property, as set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which are contractual in nature, the mutual covenants herein contained, and such other and further consideration as is hereby acknowledged, the parties agree as follows: 1. CONTACT PERSONS. City Representatives City Manager 2600 Fresno Street Fresno, CA 93721 Tel- (559) 621-7770 Property Owner:°-'��''�� (l� GA ' 2. CITY RIGHTS AND RESPONSIBILITIES. a. Provide a Neighborhood Library structure and base (collectively, the Improvements) at no cost to Property Owner; the Improvements include any artistic design thereon. Unless otherwise agreed upon in writing, City shall be responsible for installation of the Improvements and retain ownership of the Improvements. Unless otherwise agreed upon, the placement of the Neighborhood Library will be within the mow strip, facing the sidewalk, adjacent to the Property Owner's home or, for those who do not have a mow strip, at the end of the property with the neighborhood library facing the street. Except for maintenance as provided herein, the Improvements (including structure, design, roof, etc.) may not be altered without the prior written approval from the City of Fresno, Council District 4. In the event Property Owner wishes to add art and/or design elements to the Improvements, Property Owner must submit a design proposal to the Council District 4 office prior to alterations/additions being completed on the Improvements. If an authorized art or design is added to the Improvements, once completed, a protective sealant must be applied on the thereon to protect the paint. All costs associated with art or design additions shall be the sole responsibility of the Property Owner. b. City shall have the right to remove the Improvements at its sole discretion. Removal may be predicated upon, but shall not be required to be predicated upon, the Improvements having become a safety hazard, blighted, or a nuisance. City shall provide a minimum of one -week's written notice to the Property Owner of such removal . C. City may remove the Improvements if City determines in its sole discretion that Property Owner has failed to perform any of its responsibilities under this Agreement. 3. PROPERTY OWNER RIGHTS AND RESPONSIBILITIES. a. Property Owner shall provide City proof of ownership prior to the execution of this Agreement. b. Property Owner authorizes City to install the Improvements on the Property and agrees to maintain the Improvements in a neat, clean, and graffiti -free manner, free of blight and hazard. Property Owner's obligation to maintain Improvements shall include maintenance of the fagade of the Improvements which may entail touching up paint and ensuring it is structurally sound. C. Ensure that the Neighborhood Library is reasonably stocked with children's books. 4. TERM AND EFFECTIVENESS. This Agreement shall be effective upon its complete execution by the parties' authorized agents and shall remain in effect until terminated by either party. Either party may terminate this agreement with or without cause upon thirty days' written notice to the other party. City shall be responsible for removal of the Improvements upon termination and shall retain ownership of the Improvements. 5. COMPLIANCE WITH GOVERNING LAW. Each party shall comply with all federal, state and local laws, rules and regulations in its pursuit hereof. No party in its performance of this Agreement shall employ discriminatory practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. 6. CAPACITY OF THE PARTIES. Each party is acting in an independent capacity. Nothing in this Agreement and nothing in the course of dealings between the parties hereunder shall be deemed to create any fiduciary relationship, trust, partnership, joint venture, agency or employment relationship, jointly and severally. The parties further agree and acknowledge that each party is solely responsible for determining the method and means by which it will fulfill its obligations hereunder. 2 7. INDEMNIFICATION. City shall indemnify, hold harmless and defend Property Owner and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by Property Owner, City or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of City or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by City of governmental immunities including California Government Code section 810 et seq. Property Owner shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the City, Property Owner or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of Property Owner or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement. Property Owner agrees that this Agreement shall in no way act to abrogate or waive any immunities available to City under the Tort Claims Act of the State of California. In the event of concurrent negligence on the part of City or any of its officers, officials, employees, agents or volunteers, and Property Owner or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of California's theory of comparative negligence as presently established or as may be modified hereafter. This section shall survive termination or expiration of this Agreement. 8. ATTORNEY'S FEES. If a party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its/their reasonable attorney's fees and legal expenses. 9. ASSIGNMENT. There shall be no assignment by any party of its rights or obligations under this Agreement without the prior written approval of the other party. Any attempted assignment by a party, its successors or assigns, shall be null and void unless approved in writing by the other party. 10. WAIVER. The waiver by any party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and approved by and signed by 3 all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 11. GOVERNING LAW AND VENUE. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno, California. 12, SEVERABILITY. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 13. REPRESENTATIONS AND WARRANTIES. Each party hereby represents and warrants to the other party and agrees that it has the full power and authority to enter into this Agreement and perform each of its obligations hereunder, and it is legally authorized and has obtained all necessary regulatory approvals for the execution, delivery, and performance of this Agreement. 14. ENTIRE AGREEMENT. It is mutually understood and agreed that the foregoing along with the attached Exhibits constitutes the entire Agreement between the parties. Any modifications or amendments to this Agreement must be in writing signed by an authorized agent of each party. [SIGNATURE PAGE TO FOLLOW] Il IN WITNESS THEREOF, the parties have caused their authorized agents to execute this Agreement as of the date set forth above. CITY OF FRESNO, a California municipal corporation By: Ge r anne A. White City anager APPROVED AS TO FORM: ANDREW JANZ City Attorney F �� By: cL. to - PROPERTY OWNER Name:i��ruo R Title: ATTEST: TODD STERMER, CMC City Cler 22 By. �j .5—q— Deputy 5